P.G., CSC Docket No. 2024-1748
NJ Civil Service Commission decision of March 20, 2024, CSC Docket No. 2024-1748: certification or appointment, granted. Hoboken requests that the eligible list for Fire Fighter (M1839W) be revived so that P.G.’s name may be certified to the appointing authority for consideration at the time of the
Commission decisions · Meeting of March 20, 2024
Hoboken requests that the eligible list for Fire Fighter (M1839W) be revived so that P.G.’s name may be certified to the appointing authority for consideration at the time of the next certification.
- Matter
- Certification or appointment
- Decided
- March 20, 2024, item B-34
- Outcome
- Granted
- Examination
- M1839W
- Chair at the time
- Allison Chris Myers, Acting Chairperson
- Official decision
- CSC's PDF
Action recorded in the minutes: The Civil Service Commission directed that this request be granted.
The decision
BackgroundHoboken requests that the eligible list for Fire Fighter (M1839W) be revived so that P.G.’s name may be certified to the appointing authority for consideration at the time of the next certification.
By way of background, the eligible list for Fire Fighter (M1839W), Hoboken, promulgated on March 29, 2019, and expired on April 19, 2023. It is noted that P.G. was the 27th ranked eligible on that M1839W eligible list and that the last appointment made was of the 25th ranked eligible. In In the Matter of P.G. Fire Fighter (M1839W), Hoboken (CSC decided September 20, 2023), the Civil Service Commission (Commission) found that Hoboken had met its burden of proof that P.G. was psychologically unfit to perform effectively the duties of a Fire Fighter and ordered that her name be removed from the subject eligible list.
Subsequently, P.G. appealed this decision to the Superior Court, Appellate Division, and the parties entered into a February 16, 2024, settlement agreement, which provided, in pertinent part, that at the time of the next vacancy, Hoboken agrees to hire P.G. when and if there is an opening and she is the next eligible candidate to be appointed from the list of eligible candidates.
CONCLUSION
N.J.S.A. 11A: 4-6 and N.J.A.C. 4A: 4-3.4 provide that an eligible list may be revived in order to implement a court order or decision of the Commission in the event of a successful appeal instituted during the life of a list, to correct an administrative error, or for other good cause. In the instant matter, Hoboken requests that the Commission revive the subject eligible list to allow P.G. to be hired when and if there is an opening and she is the next eligible candidate to be appointed from the list of eligible candidates as provided in the February 16, 2024, settlement agreement. As the settlement is not in contravention of any Civil Service law or rules, the Commission finds good cause to revive the subject list.
ORDER
Therefore, the Commission orders that the eligible list for Fire Fighter (M1839W), Hoboken be revived, so that P.G. may be certified at the time of the next certification, for prospective consideration only.
ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.
Decisions this one cites
- In the Matter of P.G. Fire Fighter (M1839W), Hoboken (September 20, 2023)
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